Adoption (Hansard, 3 July 1992)

§ Mr. Yeo

The Government's approach to intercountry adoption is influenced by the provisions of the 1986 United Nations declaration on social and legal principles relating to the protection and welfare of children, with special reference to foster placement and adoption, nationally and internationally. This provides that(a) intercountry adoption may be considered as an alternative means of providing a family for a child who cannot be cared for in any suitable manner in his own country; (b) in all matters relating to the placement of a child outside the care of the child's own parents, the best interests of the child should be the paramount consideration; (c) safeguards and standards equivalent to those which apply in national adoption are to be applied in intercountry adoption to protect the welfare of the children concerned.

The Government's policy also has regard to article 21 of the 1989 United Nations convention on the rights of the child, which was ratified by the Government on 16 December 1991. This article relates specifically to intercountry adoption, endorsing those articles contained in the 1986 United Nations declaration and requiring contracting states to: (a) ensure that the adoption of a child is authorised only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary; (b) recognise that intercountry adoption may be considered as an alternative means of child care, if the child cannot he placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin; (c) ensure that the child concerned by intercountry adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption; (d) take all appropriate measures to ensure that, in intercountry adoption, the placement does not result in improper financial gain for those involved; and (e) promote, where appropriate, the objectives of this article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.